Employment Law

Bob was employed by the RSL club on 24 June 2009 as a part-time sommelier in the Cellar Wine Bar at the club’s main venue in Harbour town. The club is comprised of five venues and employs 460 employees and 800 contractors. The club has policies and procedures, which included its Code of Conduct. Bob had attended annual training in relation to the Code of Conduct on 26 August 2011.

Bob had worked for the club for a number of years when the club decided that the bar work was going to be done by contractors. Bob was asked to arrange for an ABN and to put in invoices for his work. The club still supervised Bob and his role didn’t change other than invoicing for work.

During the course of business one day, it was alleged that a co-worker, Iris, had been the subject of sexually inappropriate comments from Bob, and bullying by him. The evidence was that the Bob had singled Iris out for attention, that the attention was unwanted and unwelcome, that Iris found the comments offensive and very rude and the experience gave rise to feelings of discomfort, embarrassment and anger. Bob’s evidence was that he did not single out Iris, that he and Iris engaged in light-hearted banter, and that Iris did not resist him or complain about him.

The club’s policies, procedures and Code of Conduct contained in its Employee Handbook described behaviour such as bullying and harassment. A further consideration was that there was inconsistency in the interpretation and application of the policies and procedures by leaders in the workplace and they often applied different values.

Bob was a mature worker and really didn’t understand the requirements of the club’s Code of Conduct, despite training.

1/ Is Bob now a contractor or can it be argued that he is an employee? Explain with reference to the common law test.

2/ If Bob is an employee, are the policies binding regarding Bob’s contract of employment? Explain with reference to case law.

3/ If the Club were to dismiss Bob, do they have a valid reason? Explain referring to legislation and case law.

Order a unique copy of this paper
(550 words)

Approximate price: $22

Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
The price is based on these factors:
Academic level
Number of pages
Order your essay today and save 25% with the discount code: COCONUTPlace Order